From ba-firearms-request Mon Mar 7 13:02:56 1994 Received: from localhost (daemon@localhost) by jobe.shell.portal.com (8.6.4/8.6.4) id NAA03222; Mon, 7 Mar 1994 13:02:45 -0800 Errors-to: ca-firearms-request@shell.portal.com Sender: ca-firearms-request@shell.portal.com Precedence: bulk Received: from nova.unix.portal.com (nova.unix.portal.com [156.151.1.101]) by jobe.shell.portal.com (8.6.4/8.6.4) with ESMTP id NAA03215 for ; Mon, 7 Mar 1994 13:02:42 -0800 Received: from hound.dazixca.ingr.com (hound.dazixca.ingr.com [129.135.106.43]) by nova.unix.portal.com (8.6.4/8.6.5) with SMTP id NAA23192 for ; Mon, 7 Mar 1994 13:02:19 -0800 Received: by hound.dazixca.ingr.com (4.1/SMI-4.1) id AA05510; Mon, 7 Mar 94 13:01:34 PST From: crphilli@hound.edaca.ingr.com (Ron Phillips) Message-Id: <9403072101.AA05510@hound.dazixca.ingr.com> Subject: NRA FAX-NEWS - 04Mar94 To: ca-firearms@shell.portal.com (California Firearms), firearms-politics@hpcuoa.sv.itc.hp.com (Firearms Politics) Date: Mon, 7 Mar 94 13:01:33 PST X-Mailer: ELM [version 06.00.01.12 (2.3 PL11)] Status: RO **** NRA FAX-NEWS **** **** March 4, 1994 **** NRA-ILA 555 Capitol Mall, Suite 455 Sacramento, CA 95814 Phone : (916) 446-2455 FAX : (916) 448-7469 ====================================================================== *** LOCAL (San Diego) *** ANOTHER BIG VICTORY FOR THE "GRASS ROOTS" On March 1, the San Diego Board of Supervisors was the target of a concerted "grass roots" effort. Sheriff Jim Roach asked for NRA support in getting authorization for his pro-gun and pro-law enforcement initiatives. Prior to the hearing, the vote was expected to be 3 to 1 against Sheriff Roach. When it was over, the vote was 4 to 0 in favor. Four proposals were approved. They are: lower concealed weapon and powder storage fees, proceeds from the sale of seized weapons will go to a crime victims' fund and a new crime laboratory site was approved. A big "atta boy" to all the San Diego Grass Roots troops! *** LEGISLATURE (California) NEWS *** On March 1, the Assembly Public Safety Committee passed AB 2469 (Burton) on a 5 to 1 vote. The bill would increase the penalty for carrying a concealed weapon to a "wobbler" if the weapon in question was not registered with the Department of Justice and the ammunition was immediately accessible. The need for concealed weapon permit reform was discussed at length and there seems to be a growing recognition that the current system is seriously flawed. *** CCW REPORT (DRAFT) *** During the week of January 11-18, a letter was sent by the National Rifle Association to California's 58 Sheriffs and approximately 400 Police Chiefs. The letter contained a request for copies of concealed weapon (CCW) permit application forms and statistical information on permit holders. Per Penal Code Section 12050 (a)(1), all of California's Police Chiefs and Sheriffs are authorized to issue concealed weapon permits. The Department of Justice is tasked with producing the permit form and compiling statistical data concerning the total number of active permits. The most current statistics (1992) indicate approximately 33,000 active permits. Police Chiefs and Sheriffs have total discretion concerning the granting of permits. There exists a substantial body of evidence which suggests that CCW permits are frequently issued on the basis of friendship or political advantage rather than need. As of February 15, 1994, responses from 67 departments had been received. Fifty-one departments provided the application forms and/or policy information but no statistical data. Nineteen of the departments do no issue CCW permits because they defer to the Sheriff's Department. Chief Krolak (San Rafael) noted: "I don't have a written police, my staff knows that without a good cause, I won't issue a permit." Sixteen departments provided the requested data. The responding departments have 390 active permits. The permit holders are as follows: 302 Caucasian males 66 Caucasion females 22 Racial minority males 0 Racial minority females The El Dorado County Sheriff's Department did not provide specific data but indicated that "the majority of license holders are white." In 1992, they had in excess of 900 active permits. A detailed analysis will be conducted by NRA staff of all permits issued by the Sacramento County Sheriff's Department. The 1300+ permit applications will be examined for information on age, race, sex and zip code. In reviewing the materials provided by the 67 law enforcement agencies, it was clear that there are no standards for need, training, demonstration of firearms safety skills, application requirements or usage limitations. Some examples of this lack of uniformity are: NEED The following are excerpts from the policy of the named departments and constitute part of the definition of "need". Sacramento County Sheriff's Department: "Good cause" may be established by specific factors outlined in the application which fall generally into one of three categories: *Law Enforcement Includes persons affiliated with some reserve unit such as the Marine Reserve, Sheriff's Posse, the Aero Squadron, or other designation that does not require full peace officer authority. Local prosecutors or others with similar safety concerns are included. Atherton Police Department: In determining the need/cause for the issuance of such a license, the Chief of Police will make this determination based on the following: *Requestor's high exposure to potential attack resulting from previous or future controversial political decisions related to the managing of town affairs, county affairs, or state affairs; *Requestor's high exposure to potential attack resulting from their involvement or profile in the community. Sierra County Sheriff's Department (Per Sheriff Adams): A reason as simple as "driving between communities late at night" constitutes justification. With up to 5-10 miles between residences, I can appreciate any lone traveler wishing to carry a weapon in a vehicle. Vacaville Police Department: It is the police of this Department that permits issued will be held to an absolute minimum. Therefore, showing of good cause is crucial to the issue of the permit. General requests for permits for self-protection, job requirements, or because large sums of money are carried usually do not show good cause. There are other, safer, more reasonable options available. Simi Valley Police Department: The nature of the business or occupation of the applicant is such that he/she is subject to high personal risk and/or criminal attack. Sutter County Sheriff's Department: "Good cause" is defined as convincing evidence of a clear and present danger to life, or great bodily harm, or a heightened risk of criminal attack to the applicant, his spouse, or dependent child, which cannot be dealt with by existing law enforcement resources, and which danger would be mitigated by the applicant's carrying of a concealed weapon. Hemet Police Department: The applicant is a medical practitioner, physician, dentist, pharmacist, pharmaceutical merchant, or person otherwise authorized to possess quantities of controlled substances. The applicant is an active or retired officer of the court, judge, hearing officer, prosecutor, public defender or public defender's investigator or is employed as an attorney or investigator with the Department of Justice, a city attorney's or county counsel's office or hold a comparable federal position. It is also interesting to note that there is no consensus on whether permits should be issued to retired federal peace officers. TRAINING Many departments have no training requirements relating to the issuance of CCW permits. Others rely on either the Commission on Peace Officers' Standards and Training (POST) 832 p. c. Class, the NRA's Hunter Safety Course, military training, courses provided by the California State Bureau of Collection and Investigative Services, or in one case (Fairfield Police Department), the possession of a hunting license. FIREARMS SAFETY Many departments have no requirements for either demonstration of safety skills or proficiency. The most extreme is the Pomona Police Department's monthly qualification requirement. APPLICATION REQUIREMENTS Many departments require no more than what is set out in P.C. 12051. Some examples of exceptional or unusual requirements are: * Urine testing for drugs (Clovis Police Department). Neither the specific drugs not the testing "cut off" points are specified. * Psychological/polygraph testing at the applicant's expense (Pomona Police Department) * $1,000,000 of personal liability insurance (Berkely Police Department and others). This carries a $1500 - $2400 annual cost. * Letters of support from employers or civic leaders (Vacaville Police Department). * Information on whether the applicant is or ever has been a member of a "para-military group" (SDS, American Nazi Party, etc.) or "involved in divorce or separation proceedings" (Upland Police Department * Meet DMV eyesight requirements (Waterford and San Gabriel Police Departments). * A written examination (Escalon Police Department) which includes questions like the following: The shock of firing may on occasion place an unusual amount of stress on the gun relating in damage or need for adjustments. Which of the following parts are likely to require attention after firing: * the screws on the face plate. * the ejector rod if revolver. * the firing pin. * all of the above. * The applicant has not received any mental counseling within the last 5 years (Plumas County Sheriff's Department). * Completion of the 15-page POST personal history statement with notarization. This is the form used for hiring California peace officers (Marin County Sheriff's Department). This can be contrasted with Imperial County Sheriff's Office which asks eight yes or no questions. * $90 range qualification fee (Soledad Police Department). * Information from the applicant's bank concerning average cash deposits (Stockton Police Department). * El Monte Police Department uses the same one-page application for concealed weapon and tear gas permits. * Isleton Police Department has no application form. USAGE LIMITATIONS Most of the departments seem to impose few specific requirements, beyond existing state law, concerning when the concealed weapon can be carried. The Pomona Police Department imposes the following restrictions: * Type of firearm to be carried. * Type of ammunition to be used. * The times of day when the firearm may be carried. * The carrying of the firearms is not authorized when: - Attending social or public functions - Visiting any premises where alcoholic beverages or drugs are being sold or dispensed. The NRA's original letter offered the thesis that minorities and women were less apt to be granted CCW permits. The only challenge to that notion came from Chief Coleman of the Davis Police Department. Chief Forkus of the Brea Police Department offered an explanation that was echoed by other respondents "In years of being a police chief, I do not recall ever receiving an application from a female candidate or from an ethnic minority". During the discussions which immediately proceeded the vote on AB 1105 (Katz), representatives from NRA, California Rifle and Pistol Association and Gun Owners of California met with representatives from California's State Sheriff's Association and California Police Chief's Association to discuss perceived problems with CCW issuance practices. The law enforcement representatives would not agree to any modifications to current practices and indicated that the Chiefs/Sheriffs knew best what practices would serve local needs. The current state of affairs in California regarding issuance of CCW permits can be seen by comparing the following statements: Captain Freitas of the Richmond Police Department: "Our policy is to make every effort to convince citizens to use non-lethal means of defense rather than depending on a firearm." Sheriff Blake of Amador County: "I am proud to report that, in Amador County, concealed weapon permits are easily accessible by all citizens of the county, regardless of race, religion or gender." *** COLT SPORTER LAWSUIT *** We hear that another temporary stay has been issued which will temporarily prevent the Attorney General from adding more "assault weapons" to the restricted list. ====================================================================== -- ************************************************************ * Ron Phillips crphilli@hound.edaca.ingr.com * * Senior Customer Engineer * * Intergraph Electronics * * 381 East Evelyn Avenue VOICE: (415) 691-6473 * * Mountain View, CA 94041 FAX: (415) 691-0350 * ************************************************************